Nan Hai (U.S.A.) Co., Inc. DBA iChineseEdu, a California corporation (“we,” “us,” “our”), provides an online reading platform, www.iChineseReader.com, that is tailored to meet the varied reading needs of all K-12 Chinese programs. Our platform, which comprises our website and/or our mobile application, is referred to here as the “Services.” You (the “user” or “you”) use the Services subject to these Terms of Service (the “Terms of Service” or the “Agreement”). The Services are the property of Nan Hai (U.S.A.) Co., Inc and its licensors.
By visiting our website or using any Services, you are agreeing to be bound by the Terms of Service. If you do not agree, do not use any of the Services. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
This is a legal agreement between you and us for use of any of the Services. This Agreement applies to you whether you are a school, a student, or a parent or legal guardian (a “parent”). No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us is intended or created by this Agreement.
Subject to the terms of this Agreement, we grant to you, during the term of this Agreement, a limited license to access and use the Services. You acknowledge and agree that you will use our Services for personal or educational (non-commercial) uses only. You are welcome to link to our website from your website or social media channels, provided that your website does not imply any endorsement by or association with iChineseReader.
We retain the right to refuse any and all current or future use of the Services, for any reason at any time. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and/or refuse to provide the access to the Services to you if you breach any of these Terms of Service, we are unable to verify or authenticate any information you provide to us to create your account, or if we believe that your actions are impermissible or may create liability for us.
Certain parts of the website are protected by passwords and require a login. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
We do not request your feedback concerning the Services. Nonetheless, if you provide us with any feedback (including through any contact information available on the website or public forums) concerning the Services, you also grant us and our successors a worldwide, non-exclusive, royalty-free, perpetual and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of such feedback, in any media format and through any media channels, including incorporating such feedback on the Services.
ELIGIBILITY TO USE SERVICES
THE SERVICES ARE NOT AVAILABLE TO ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN. By using the Services, you affirm (a) that you are either (i) at least 13 years of age or (ii) your parent and/or guardian has consented to your use of the Services; (b) any information you provide to us is accurate and truthful and you will maintain the accuracy of such information; (c) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services; and (d) your use of the Services does not violate any applicable law or regulation.
You will neither use nor permit others to use the Services (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c) for any illegal or unauthorized purpose; (d) to violate any federal, state, or local laws, including those to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement; or (e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network.
YOUR RIGHTS AND RESPONSIBILITIES
You are responsible for providing accurate information to us about yourself and/or your child or student, and to inform us if and when it changes. We cannot be responsible for incomplete and/or inaccurate information.
You acknowledge and agree that your access and use of the Services and of any products or services featured on and linked to by our website is at your own risk. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO THE SERVICES OR PRODUCTS ON THE WEBSITE.
We also make no claims or guarantees about the efficacy or results of using the Services.
INTERACTION WITH THIRD PARTIES
The Services may contain links to third party websites that are not owned or controlled by us. If you are a user of our website, you hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. If you provide us with payment information, you are subject to the terms and conditions of our payment processor, available here: https://www.braintreepayments.com/legal. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any third party website.
All right, title, and interest in and to the Services, and all material, images and/or text available on or through the website (including, without limitation, text, graphics, logos, button icons, images, audio clips and software), are and will remain the exclusive property of us and our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the iChineseReader name or any of our trademarks, logos, domain names, software, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases and software, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to us or our third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.
All material, images and text included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of or licensed by us or our content suppliers and protected by United States and international copyright laws. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.
We respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied, reproduced or published in a way that constitutes copyright infringement and is accessible via the Services, please notify email@example.com. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Services;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
This procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others.
PAYMENT, CANCELLATION, OR REFUNDS
The Services are offered and sold on a subscription basis; however, certain areas are available to visitors without cost on a trial basis. After your trial period, you will automatically be billed monthly. You may cancel your subscription at any time. You are responsible for the full subscription fee in the monthly billing cycle in which you cancel. If you are on annual subscription, and you cancel after the first month, you are responsible for the full annual subscription fee in the yearly billing cycle in which you cancel. Once your account has been billed, all sales are final and there will be no refunds. If you are on annual subscription, and you cancel within the first month, you are responsible for the full monthly subscription for the first month.
To cancel your subscription, please go to your Subscription page in your Profile and click on the “Cancel Subscription” link. On the following page, you will be prompted to confirm the cancellation. Be sure to continue processing your cancellation until you receive the final confirmation notice, your subscription will not be cancelled until you have reached this notice.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Upon any breach by you of this Agreement, we may pursue, in our sole discretion, all of our legal remedies, including but not limited to termination of your registration and your ability to access this Services. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Services. Further, you agree that we are not liable to you or any third party for any termination of your access to the Services.
LIMITATION OF LIABILITYL; INDEMNIFICATION
You use the Services at your own risk. We will not be responsible or liable for the any harm, injury or damage suffered by you or your child as a result of your use of the Services.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Nan Hai (U.S.A.) Co., Inc. and its employees, officers, agents, or other partners, from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including physical or monetary harm or civil or criminal claims. We shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
If you are outside the United States, the laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for us to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
This Agreement will be governed by and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review, except as permitted by California law. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in California.
This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. The latest version of this Agreement supersedes any previous versions of this Agreement. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Services.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.